VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01749
Package ID: USCOURTS-cofc-1_20-vv-01749
Petitioner: Pamela Caswell
Filed: 2020-12-03
Decided: 2022-06-16
Vaccine: influenza
Vaccination date: 2020-02-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 100531

AI-assisted case summary:
Pamela Caswell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccine received on February 3, 2020. She claimed that her injury was a Table injury and that its residual effects lasted for more than six months. The respondent conceded that her alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting that she had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, her symptoms were limited to the injection site, and no other condition explained her symptoms. The respondent also agreed that her injury lasted for at least six months, satisfying the statutory requirements for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a damages decision was issued based on a proffer agreement between the parties. The respondent proffered an award of $100,531.48, representing $100,000.00 for pain and suffering and $531.48 for past unreimbursable expenses. Petitioner agreed with this award. The court awarded Pamela Caswell a lump sum payment of $100,531.48.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01749-0
Date issued/filed: 2022-04-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/21/2022) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01749-UNJ Document 30 Filed 04/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1749V
UNPUBLISHED
PAMELA CASWELL, Chief Special Master Corcoran
Petitioner, Filed: March 21, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 3, 2020, Pamela Caswell filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered a Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of her February 3, 2020
influneza (“flu”) vaccine. Petition at 1. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months, and that there has been no prior
award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶
7-9. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01749-UNJ Document 30 Filed 04/22/22 Page 2 of 2
On March 15, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Specifically, Respondent indicates that he has
has concluded that [P]etitioner’s alleged injury is consistent with SIRVA, as
defined on the Vaccine Injury Table. Specifically, [P]etitioner had no history
of pain, inflammation or dysfunction in her left shoulder; her pain and
reduced range of motion occurred within 48 hours of receipt of an
intramuscular vaccination; her symptoms were limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality
was identified to explain her symptoms.
Id. at 4 (citing 42 C.F.R. § 100.3(a), (c)(10)). Respondent further agrees that “[P]etitioner
has satisfied the statutory requirement that [P]etitioner’s injury lasted for at least six
months as required by 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, [Respondent
indicates] based on the record as it now stands, [P]etitioner has satisfied all legal
prerequisites for compensation under the Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01749-1
Date issued/filed: 2022-06-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/28/2022) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01749-UNJ Document 36 Filed 06/16/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1749V
UNPUBLISHED
PAMELA CASWELL, Chief Special Master Corcoran
Petitioner, Filed: April 28, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 3, 2020, Pamela Caswell filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered a Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of her February 3, 2020
influneza (“flu”) vaccine. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 21, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 26, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded lump sum payment of
$100,531.48, representing compensation for actual pain and suffering ($100,000.00), and
past unreimbursable expenses ($531.48). Proffer at 1-2. In the Proffer, Respondent
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01749-UNJ Document 36 Filed 06/16/22 Page 2 of 5
represented that Petitioner agrees with the proffered award. Id. Based on the record as a
whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $100,531.48 (representing compensation for actual pain and
suffering ($100,000.00), and past unreimbursable expenses ($531.48)) in the form
of a check payable to Petitioner. This amount represents compensation for all damages
that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:20-vv-01749-UNJ Document 36 Filed 06/16/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
PAMELA CASWELL, )
)
)
Petitioner, )
) No. 20-1749V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 3, 2020, Pamela Caswell (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleged that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered to her on February 3, 2020. Petition at 1. On March 15, 2022, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that
compensation be awarded, and the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation on March 21, 2022. ECF No. 25; ECF No. 27.
Items of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01749-UNJ Document 36 Filed 06/16/22 Page 4 of 5
Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure for past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $531.48, as provided under the Vaccine
Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following:1 a lump sum payment of $100,531.48, representing
compensation for actual pain and suffering ($100,000.00), and past unreimbursable expenses
($531.48), in the form of a check payable to petitioner, Pamela Caswell. Petitioner agrees.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Pamela Caswell: $ 100,531.48
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:20-vv-01749-UNJ Document 36 Filed 06/16/22 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Lynn C. Schlie
by s/ Kimberly S. Davey
LYNN C. SCHLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 616-3667
Dated: April 26, 2022 lynn.schlie@usdoj.gov
3